Posted on July 9, 2009 by Mario Madrid

'Till Death Do Us Part

First Steve McNair at age 36 and then Arturo Gatti at age 37. Both allegedly killed by women in their early 20s. Two retired sports figures who both had the reputation of being absolute warriors. McNair an MVP who played hurt and almost carried the Tennessee Titans to a Super Bowl victory. Gatti a former junior welterweight champion who fought in some of the best fights of his generation.

Tragic. Both still very young.  Both left behind children. In my practice as a Houston Criminal Lawyer I often defend those accused of Family Violence, sometimes called Domestic Violence. The overwhelming majority of these cases involve accusations of a man committing violence against a women. Although women are charged with Assault Family Violence, it is rare.

When police are called out to the scene of a "domestic disturbance" and a women is accusing a man of assault, that man better be ready to go to jail. I am confident that the intentions of  police in these situations and the prosecutors they speak with are to protect and ensure that justice is served. However, mistakes are made. Fortunately in the United States, everyone is presumed to be innocent. It my job as a Houston Criminal Defense Lawyer to convince a prosecutor or jury of this innocence.

Gatti and McNair are examples that women can and do commit family violence.

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Posted on February 9, 2009 by Mario Madrid

She Talks To Angels

Last week while I was getting ready for work I listened to the song, "She Talks to Angels" by the Black Crowes.  For those of you who are not familiar with the Black Crowes, they are a blues rock band who came to fame in the early 90s. Their lead singer, Chris Robinson, was married to Kate Hudson, Goldie Hawn's daughter.

This song always bring back memories. The first memory is of an old friend from college, Bill. But I can't think of Bill without thinking of Mary a client who I met about 15 years after Bill.

I worked with Bill at the Blackeyed Pea. We worked together waiting tables at the University of Houston location. I was a freshman and Bill was a 42 year old from New Orleans who used to work doubles almost every day to pay for his vices, drinking and gambling. I was 18 and working my way through school and often worked doubles myself, so we developed a friendship.

After work we used to frequent local watering holes. There was a dive across the street from the law school that we spent a lot of time at.  We'd play pool and have a couple of pitchers of beer. The bar had a jukebox.  I would always put in a dollar to listen to music and I always included "She Talks to Angels" in my mix of songs.

I went on to law school and later the Galveston DA's office before starting my private practice. I am not sure what became of Bill. I met Mary some years later. I represented her in Harris County Criminal Court at Law #12, Judge Robin Brown. Mary was charged with a Class A Misdemeanor of Assault. There was going to be no plea bargain with Mary. It was either trial or dismissal.

It had become personal for her. She got in a fight with another woman in her trailer park and since she got the better end of the fight, she was charged. The fight was over music. When I asked her how music could lead to a fight, she explained to me that a particular song always reminded her of her old man. She was drinking and upset  because he had left her and was listening to this song. A friend of her's came into her trailer and jokingly began picking on her by turning off her stereo. Mary warned her that if she did it again she was going to be sorry. Well guess what? She was sorry. Mary popped her and the fight ensued with Mary throwing her friend out of the trailer, who in turn called the police.

When I asked Mary what song was so important to fight over, she told me it was "She Talks to Angels" by the Black Crowes. Not only that, it was the rare acoustic version. I knew exactly where Mary was coming from. Mary turned out alright, at least in regards to this case. It was dismissed when the State was unable to locate her friend.

 

 

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